US Laws, Codes, Statutes & Cases

 
    § 1049. Powers of the chief administrative law judge.
    1.  The  chief administrative law judge shall have authority to direct
  the office established pursuant to section one thousand forty-eight with
  respect to its management and  structure  and  to  appoint  a  staff  of
  administrative  law  judges.  Each  administrative law judge shall be an
  attorney admitted to practice in the state of New York for at least five
  years. Each administrative law judge shall be appointed for  a  term  of
  five  years  removable only for cause after notice and opportunity for a
  hearing on a record.
    2. (a) The chief administrative law judge shall  establish  rules  for
  the  conduct of hearings, in accordance with the requirements of chapter
  forty-five of the charter.
    (b)  In  conjunction  with  the  mayor  and  in  accordance  with  the
  requirements   of   section   thirteen-a   of  the  charter,  the  chief
  administrative law judge shall promulgate and  may  from  time  to  time
  amend  rules  establishing  a  code  or  codes  of  professional conduct
  governing the activities of all administrative law judges  and  hearings
  officers in city tribunals.
    3. In the conduct of an adjudication, an administrative law judge may:
    (a)  hold  conferences  for  the  settlement  or simplification of the
  issues;
    (b) administer oaths and affirmations, examine  witnesses,  rule  upon
  offers  of  proof,  receive evidence, and oversee and regulate discovery
  procedures;
    (c) upon  the  request  of  an  agency  or  any  party,  or  upon  the
  administrative  law  judge's  own  volition,  subpoena the attendance of
  witnesses and the production of books, records, or other information;
    (d) regulate the course of the hearing in accordance with agency rules
  and chapter forty-five of the charter, provided that if agency rules are
  silent  as  to  a  particular  matter,  the  rules  of  the  office   of
  administrative trials and hearings shall apply;
    (e) dispose of procedural requests or similar matters;
    (f)   make  recommended  or  final  findings  of  fact  or  decisions,
  determinations or orders, as authorized by law;
    (g) take any other action authorized by law or agency rule  consistent
  therewith.